I-1-2-61.Fee Petition Administrative Review — General Policy

A. Who May Request Review

Regulations 20 CFR 404.1720(d) and 416.1520(d) give the claimant, any affected auxiliary beneficiary or eligible spouse, and the representative, and the right to request administrative review of the initial fee authorization. The request must be filed in writing with a Social Security Administration (SSA) office. Additionally, in the limited circumstances described in the HALLEX I-1-2-53 A (see also Program Operations Manual System (POMS) GN 03930.020A), an entity's point of contact (POC) or the executor or legal representative of a deceased representative's estate may file the fee petition, request administrative review, and comment on the requests for administrative review of others on behalf of a deceased representative.

SSA does not conduct administrative review on its own motion under the fee petition process.

B. Time Limit for Requesting Review

A request for administrative review of a fee authorization under the fee petition process must be filed at one of SSA's offices within 30 days after the date of the SSA's initial fee authorization. It should be filed with the proper reviewing official or office, see HALLEX I-1-2-61 E below.

If a request is filed more than 30 days after the date of the notice, the requestor must state in writing why the request was not filed on time. In such cases, the reviewing official will conduct administrative review only if they determine that there was good cause for not filing the request on time. See 20 CFR 404.1720(d) and 416.1520(d) for guidance on evaluating good cause.

C. Review Criteria

Administrative review involves an independent review of SSA's initial fee authorization. The reviewing official will review the determination made on the amount of a fee authorized under the fee petition process if:

• The claimant, any affected auxiliary, or eligible spouse submits a timely request to reduce the fee;

• The representative submits a timely request to increase the fee; or

• In the limited circumstances described in HALLEX I-1-2-61 A. above, an entity's POC or the executor or legal representative of a deceased representative's estate submits a timely request to increase the fee.

The purpose of administrative review is to decide whether the protested fee was based upon:

• A complete and accurate knowledge of the facts, and

• Proper application of the Social Security Act and regulations.

The reviewing official ordinarily modifies (i.e., increases or decreases) the initial fee, if:

• The initial fee authorization was based upon a clear error of fact or law, or

• New and material information is submitted to the reviewer.

The reviewing official will not modify the initial fee authorization:

• Solely because one of the parties has protested, or

• Merely to substitute the judgment of the reviewer for the judgment of the original authorizer.

D. Finality of Determination

A fee authorization made after an administrative review is final and binding. It is not subject to further administrative or judicial review. (See 20 CFR 404.903(f) and 416.1403(a)(6).)

E. Delegation of Authority for Conducting Administrative Review

Only an authorized SSA official who did not make the initial fee authorization can conduct the review. The reviewing official may authorize a representative's fee on administrative review without obtaining review or concurrence, regardless of the amount of the fee. The following Office of Hearings Operations (OHO) or Office of Appellate Operations (OAO) officials who did not make the initial fee authorization are delegated the authority to conduct the administrative review: